Herrera-Roca

This is an action brought by a citizen of Bolivia, now living in the United States, against the District Director of Immigration in order to enjoin an order of deportation made by the Immigration authorities under the Immigration and Nationality Act, 8 U.S.C.A. § 1182 . 1

Plaintiff contends that the manner in which he obtained a temporary entry permit from the American Consulate in Tijuana, Mexico, was not subject to the charge of fraud or wilful misrepresentation.

The facts, which require, review of plaintiff’s history in the United States, are as follows:

On October 28, 1952, plaintiff first entered this country as a student. He voluntarily departed from the United States on October 13, 1955, after having overstayed his legal residence as a student. During the time he was a student, attending the University of California, he married a United States citizen in Berkeley, California. They are now the parents of a native born child.

When plaintiff left the United States in 1955 he went to Mexico where he remained for a matter of weeks. According to his own testimony before the Immigration authorities his plans were indefinite at this time. While in Mexico he decided to seek…